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Tag Archives: Judge Robert E. Payne

No Double Duty for Lawyer as Trial Counsel/Witness (access required)

A Richmond U.S. District Court grants defendant indemnity company’s motion to disqualify or limit the trial role of a lawyer who represents plaintiff Ford Motor Company on contract and tortious interference claims; defendant is relying on a conversation and emails ...

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Whistleblower prevails in first SOX trial in Virginia – $950,000 Verdict (access required)

In this whistleblower case, plaintiff Andrea Gail Jones alleged defendants SouthPeak Interactive Corporation of Delaware, Terry M. Phillips and Melanie J. Mroz terminated her on Aug. 14, 2009, in violation of 18 U.S.C. 1514A, the anti-retaliation provision of the Sarbanes-Oxley ...

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Court Applies Test to Depose Opposing Counsel (access required)

In Ford Motor Company’s suit against National Indemnity Company for tortious interference with contract and business conspiracy, defendant NICO may not take the deposition of Ford’s lawyer to support its claim that the lawyer’s communications to NICO’s lawyer prompted Ford ...

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Whistleblower wins $950,000 (access required)

A whistleblower seeking protection under the anti-retaliation provision of the federal Sarbanes-Oxley Act won $950,000 in what is believed to be the first trial under the statute in the state. After reporting intentional or fraudulent actions by employees at Midlothian-based ...

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Court Will Consider Inventor’s Declaration (access required)

A security company defending a patent infringement claim may not exclude a declaration from the inventor at the Markman hearing in plaintiff Tax-Rights LLC’s suit alleging defendant infringed its patent, and the Richmond U.S. District Court denies defendant’s motion to ...

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‘Missing Witness’ Instruction for Deported Witness (access required)

An alleged MS-13 gang member, charged with racketeering-related charges of murder, conspiracy to commit murder, use of a firearm and maiming, is entitled to a “missing witness” jury instruction because the U.S. deported a material witness without advising the defense; ...

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